Mediation for Civil Litigators

Issues and Solutions


Mediation presents a number of issues that confront the practitioner moving through the legal process, and this handbook guides the practitioner along that path. Law school rarely provides rigorous training in negotiation skills, yet the art of negotiation is central to the mediation process, the purpose of which is to facilitate settlement. Offering perspectives from several mediators, this handbook provides numerous commentaries and opinions about different aspects of mediation, as well as practical tips for successful negotiation and management of the mediation process.


“A good overview of the process and the role of counsel in mediation. . . . A valuable resource for junior lawyers.” ‒ Canadian Law Library Review

Table of Contents

Foreword: The Mandatory Mediation Experiment by Justice Robert Beaudoin
Preface: Mediation for Civil Litigators: Use of This Handbook
Introduction: What Is Mediation All About? Why Bother?
Chapter 1: Preparation for Mediation
Chapter 2: Plenary Sessions
Chapter 3: Caucus
Chapter 4: Negotiation Tactics in Mediation
Chapter 5: Focus on the Client
Chapter 6: The Mediation Process
Chapter 7: Mediation in Specific Subject Areas
About the Experts
About the Author

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